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Midterm

Midterm Review.docx

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School
Department
Criminal Justice
Course
RCRJ 201
Professor
Khim Kelly
Semester
Fall

Description
Midterm Review Question Section  Fruit of the poisonous tree~ 4th amendment  Illegal evidence cannot be used in court  From Terry Case  Positives  Humans are inherently evil Semester Review  Models of criminal justice  Due Process  More about preserving individual rights then preventing crime, cannot be errors at any point in the system  Presumption of innocence, born out of classical school  Crime- Control  Rights of the massive outweigh rights of the few  Speedy, efficient don’t care about errors in the system  Main objective is fighting crime  Consensus  Laws are a product of agreement among groups  Society agrees on what is considered criminal and normative  Different parts of the CJS work together  Conflict  Laws are a product of struggles between groups  Those who control resources more heavily influence definitions of crime and deviance  Crimes because groups compete for resources so whoever is more powerful decides the laws  More powerful group controls the underclass  Different levels compete over their roles in the CJS  Different outlooks on the world  Hydraulic Model  Actions at any stage in the system affect practices in other stages  Funnel Model  ?  Decentralized Control  Power is spread throughout several levels  Like checks and balances  Fed., state, local authorities  Discretionary Decision Making  Gottfredson and Gottfredson  Discretion is at all stages in the CJ process  Components of a decision  Goals, alternatives (not a choice if only one answer), information (has to be relevant to the individual!!!)  Factors affecting discretionary decision making  Legal factor  Ex. sentenced in the case already, judges look to see if have priors  Ex-Legal factor  Age, gender  Criminology  Classical School  Beccaria & Bentham  Humans possess free will & make rational decisions  Presumption of innocence  Back then anyone accused of a crime could be sentenced to a harsh punishment  Protection of individual rights  Pleasure-Pain principle  Certainty, severity, celerity  Positivist School  Forces other than free will, determine behavior  Biological, psychological, sociological  Say outside forces have effects on the individual who has committed a crime  These causes can be treated, deviant people can be treated like it’s a psychological issue  Crime vs. Deviance  Crime  Behavior that violates established laws  Deviance  Behavior that goes against societal norms  What people think is the right and wrong things or is normal  Steps of CJ Process 1. Crime is committed  Actor is the offender 2. Crime is reported or detected  Transition from victims to police  Victims or police are actors  Determines whether the system will be involved or not  FIRST place discretion can be used (by victims by reporting the crime) 3. Investigation  Actor is police 4. Arrest  Taking suspect into custody for the purposes of charging them with a crime 5. Booking  Transition from police to courts  Recording of the arrest  Prosecutor can drop charges (discretion) 6. Initial Appearance  Formal notice of charges (6 Amend.)  Bail is set 7. Preliminary Hearing  Determine whether there is probable cause to move forward  Judge is the actor here  Can dismiss case if not enough probable cause to carry on is seen 8. Determination of Formal Charges  Grand Jury Indictment  Ask the question, should move on the next step? Is it worth going on to the courts for a formal case?  If determines case has enough information to continue then they will created a Bill of Information  Bill of Information  Document from grand jury or prosecutor that says why there is enough information to continue on in the steps 9. Arraignment   Defendant enters they plea  Guilty, not guilty, nolo contendere (no contest)(treating like guilty), standing mute (treated at not guilty) 10. Trial  Don’t need to know individual steps in this process 11. Sentencing  Translation for courts to parole/corrections  Still in courts, judge is actor 12. Appeals  Based on issues of law, not fact!  Should be some sort of legal issue  Second set of eyes to see if persons rights were followed to a “t” 13. Punishment  Corrections actually gets involved  Can file an appeal at the same time (like in jail)  Fine, jail time, community service, probation etc. 14. Release  Appeal is successful, finish sentencing (jail time), or pardon  Substantive vs. Procedural Due Process  Substantive  Abstract idea of due process  Est. the theoretical basis for what is deemed fair and just  Procedural  Practical form of due process  Regulates the conduct of CJ actors  Specifically defines what is fair treatment and what is prohibited  Law Enforcement (Be ready to be able to write about these in own words)  Bow Street Runners  Henry Fielding  Unpaid constables  London Metropolitan Police  Robert Peel  Bobbies  Goals was to maintain order  ?  Reactive Policing  Responding to calls for service  Rapid response  Traditional police actions (investigation, arrest)  Proactive Policing  Is reactive policing opposite but can have both at once  Seeking to prevent crime before it occurs  Community outreach  Improving quality of life issues  Community Policing  Focused on responding
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